0
No, EVERY court is required by Oath to the US Constitution (taken by the judges, US Constitution Article 6) to pass judgment upon any law contrary to the constitution that is brought before it, whether challenged or not. And failure, or refusal of that action, is a crime (Treason: violation of oath of office); quoting Marbury vs Madison (1803) "To prescribe, or to take this oath, becomes equally a crime ... if they [judges] were to be used as the instruments, and the knowing instruments, for violating what they swear to support!"
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
Can the supreme court declare an existing law unconstitutional?
Yes, because that's one of their primary responsibilities, to uphold the Constitution.
Can the US Supreme Court decide a bill passed by Congress and signed by the President is unconstitutional?
It is very uncommon, in fact extremely rare when one compares the total number of cases the Supreme Court has heard with the number of cases the Court has declared a law unconstitutional. Courts will give a certain amount of deference to laws and consider them constitutional unless proved to be unconstitutional.
What court can hear appeals of US Supreme Court decisions?
According to Article 3 of the U.S. Constitution, no other court has appeal authority over the Supreme Court. "In all other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact..." The Congress, if it doesn't like a ruling, can try and pass legislation (laws) that will have the affect of overruling a Supreme Court decision, but it takes a long time (usually) and is not always successful. The Supreme Court could still declare the new law unconstitutional.
Can US Supreme Court justices be arrested?
Certainly. US Supreme Court justices may be arrested under the same circumstances as any other person in the United States, except those who enjoy diplomatic immunity. This privilege extends to foreign diplomats, not to United States government officials (usually).
Is a new law only effective after it is approved by the US Supreme Court?
No. The Supreme Court is not a legislative body, and does not participate in enacting new laws.A law takes effect on its "effective date" as set by the body with the authority to make the law. Recall that laws are made at all levels of government. They range from things like skateboard ordinances set by city councils to agreements regarding international trade passed by the U.S. Congress and signed into law by the President. It is possible to challenge any law, but that takes an action. Before passing ordinances or making laws, those bodies making the laws have done their "homework" regarding the issue. They make every attempt to insure that they are not passing binding action that is "illegal" or that "discriminates" against individuals or organizations unfairly. Unpopular "rules" or "laws" on the books get challenged in court (and "the court" means the one that has initial jurisdiction) and things get sorted out. But when a law is passed, it has an "effective" date when it goes into effect, and that's that, unless someone gets an injunction. In an injunction, the court can "stop" something for cause. The court may or may not put a "hold" on a law while a case is heard. If a local ordinance is challenged and ruled "okay" by a county court, then any injunction can be lifted, or the law can continue to be enforced. A further appeal to a State District Court and then a State Supreme Court can follow. A further appeal can be made to a U.S. District Court, and then an appeal to the U.S. Supreme Court can also follow. There are variables, but the bottom line is that the court sorts out legal challenges. It is not the court's job to "approve" legislation or "okay" new laws. Only to sort out challenges to the laws.
Can the supreme court declare an existing law unconstitutional?
Yes, because that's one of their primary responsibilities, to uphold the Constitution.
Describe one factor that checks or limits the power of judicial review?
Supreme court justices are appointed by the executive branch and are approved by the judicial branchIf the Supreme court declares a law unconstitutionally, the legislative branch can then pass (and the executive branch can sign ) a law that is worded in a way that is constitutional.The constitution can be amended to get around a Supreme Court ruling that a law is unconstitutional. For example, when Congress first passed a law implementing an income tax, the supreme court struck it down as unconstitutional. There ratification of the Sixteenth amendment in 1913, however, made such a tax clearly constitutional.hdfaljdfnajfalsk jlfad
Can the US Supreme Court decide a bill passed by Congress and signed by the President is unconstitutional?
It is very uncommon, in fact extremely rare when one compares the total number of cases the Supreme Court has heard with the number of cases the Court has declared a law unconstitutional. Courts will give a certain amount of deference to laws and consider them constitutional unless proved to be unconstitutional.
Can the Supreme Court rule any residential law unconstitutional forcing a joint session of congress to overturn?
No. Not sure what you mean by "any residential law," but there are only two ways a US Supreme Court decision can be overturned, and a joint session of Congress isn't one of them.First, the Supreme Court can only evaluate laws that are relevant to cases before the Court and properly under their jurisdiction. They can't just pick and choose any law and declare it unconstitutional; they have to wait for the opportunity to present itself in a case.The Supreme Court, as head of the Judicial Branch of US government, is the final authority on the Constitution and federal law. If they decide a law is unconstitutional and should be nullified, the decision can only be changed in one of two ways:The US Supreme Court can overturn its own decisionsThe decision can be overturned by constitutional amendmentWhile Congress may initiate the amendment process, the Constitution can only be changed if three-fourths of the states (38) ratify the amendment within the specified time frame.
What is the US Supreme Court Building called?
It's just called the US Supreme Court Building. Clever, huh?
What does the Supreme Court determine its policies in?
Just think about it.
What is one way each branch can exercise checks over the others?
In the United States, these are some examples of the checks and balances. This isn't all of them, just a few examples for each:Congress passes laws which the President has to abide by. Notably, Congress has final say over budgetary matters, meaning the President must always ask Congress for money to pay for what he wants to do.Congress can amend the Constitution, which affects rulings by the Supreme Court, and the Supreme Court cannot overrule them.The Supreme Court can declare laws passed by Congress as being unconstitutional, effectively negating them.The Supreme Court can do the same to Presidential actions.The President chooses the members of the Supreme Court when positions become vacant, so they are more likely to agree with his policies.The President can veto (Latin for "I forbid") laws passed by Congress if he disagrees with them. However, if at least 2/3 of Congress votes for a law, they "override the veto", thereby ignoring it.
Is court capitalized in a sentence?
Court should be capitalized when it is referring to a specific court, such as the Supreme Court or the District Court. If court is used in a general sense, it does not need to be capitalized.
How are the people in the supreme court different from other courts and people?
Higher level...the supreme court judges are "justices" other judges are just "judges"
True or false only men can serve as supreme court justices?
That question is not true. A woman has just as much right as a man to serve as Supreme Court Justice.
What court can hear appeals of US Supreme Court decisions?
According to Article 3 of the U.S. Constitution, no other court has appeal authority over the Supreme Court. "In all other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact..." The Congress, if it doesn't like a ruling, can try and pass legislation (laws) that will have the affect of overruling a Supreme Court decision, but it takes a long time (usually) and is not always successful. The Supreme Court could still declare the new law unconstitutional.
How can a state be forced to follow a Supreme Court decision with which it disagrees?
Just because the state doesn't agree, if the US Supreme Court renders a decision in your favor the state must comply! There is no higher court than the US Supreme Court - the state cannot file an appeal.
